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Capitol Riot Retired Officer
FILE- This still frame from Metropolitan Police Department body worn camera video shows Thomas Webster, in red jacket, at a barricade line at on the west front of the U.S. Capitol on Jan. 6, 2021, in Washington. A federal appeals court has upheld a retired New York Police Department officer’s conviction and 10-year prison sentence for assaulting a police officer during the Jan. 6, 2021, siege at the U.S. Capitol. A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday rejected Thomas Webster’s claims that he was convicted by a biased jury. (Metropolitan Police Department via AP)

Appeals court upholds retired NYPD officer's 10-year prison sentence for Capitol riot attack

A federal appeals court has upheld a retired New York Police Department officer’s conviction and 10-year prison sentence for assaulting a police officer during the Jan. 6, 2021, siege at the U.S. Capitol

By Ap News
Published - May 28, 2024, 12:52 PM ET
Last Updated - May 28, 2024, 12:52 PM EDT

WASHINGTON (AP) — A federal appeals court on Tuesday upheld a retired New York Police Department officer's conviction and 10-year prison sentence for assaulting a police officer during the Jan. 6, 2021, siege at the U.S. Capitol.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit rejected Thomas Webster’s claims that he was convicted by a biased jury.

Webster, a 20-year NYPD veteran, argued that the entire jury pool in Washington, D.C., was “presumptively prejudiced” against him. But the panel found no evidence that the jury pool had any preconceived notions about Webster, “or even knew who he was.”

Jurors rejected Webster’s claim that he was defending himself when he tackled Metropolitan Police Department officer Noah Rathbun and grabbed his gas mask. They convicted Webster of all six counts in his indictment, including a charge that he assaulted Rathbun with a dangerous weapon, a flagpole.

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